Contesting a Will on Grounds of Capacity

Although rare in Texas, occasionally a family member may decide to contest
a Will based upon the grounds that the deceased personal lacked the legal
capacity to create it. Texas courts have developed standards to judge
one’s testamentary capacity.

To have capacity to create a Will, a person must be able to:

Comprehend the business in which he or she is participating in

Know the effect of the act of creating a will

Understand the general nature and extent of his or her property

Know his or her next of kin and the natural objects of his or her bounty,
as well as the claims upon the individual making the will

“Collect in his or her mind the elements of the business involved
in transaction” and “understand them long enough to perceive
their obvious relation to one another” and to formulate a “reasonable
judgement about them”

However, Texas law doesn’t require the individual creating the will
to be completely free of diagnoses that might affect his or her cognition
or memory. For example, a person can still have capacity even if they
occasionally get confused, sometimes do not comprehend their financial
affairs, or even if they have been diagnosed with Alzheimer’s disease.

It is imperative to understand that Texas courts place a significant emphasis
on the individual’s state of mind on the day the will was executed.
Attorneys who draft wills take meticulous care at the time of the will’s
execution to ask the person questions, in front of witnesses, in order
to determine if the individual creating the will appears to be aware or
conscious of what he or she is doing. Due to the technical and complicated
process of contesting a will, you must obtain legal assistance from a
qualified estate attorney.

The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
case or situation. This information is not intended to create, and receipt
or viewing does not constitute, an attorney-client relationship. Dossey & Jones PLLC is not an accounting or CPA firm.

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